1. Applicant's Name: a. Application Date: 26 September 2016 b. Date Received: 26 September 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, that his current characterization of service is too harsh a punishment since he forfeited his rank and career because of two instances of miscommunication. He contends he did not have a record of offenses before this time. He served 11 years and believes his DD Form 214 is not a good representation of his service to the Army. He was sent to pick up ammo and the paperwork was not correct, this made him late getting back to the shooting range to issue the ammo. A General was there for an observation and he questioned why the ammo was late. He got into trouble for this. Later he was sent to the range to clean upon on a work detail, he was told to report there for a week, he was called after three days to come back to his unit. When he arrived the first sergeant asked him why he had not been making formation. He recommended to take his rank from E-5 to E-4. The applicant tried to explain this to the board that he appeared before that he was doing as he was told, he was then made to stay in the building and could not leave to see the IG or anyone else and then he was discharged. In a records review conducted at Arlington, VA on 6 December 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 4 February 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 November 2001 (2) Basis for Separation: The applicant was informed of the following reasons: being punished by a Field Grade Article 15 on 8 June 1999, for failing to perform his duties as Ammunition NCO and disrespecting SGT M., by telling him to fuck off; Being counseled on 23 August 2001, for his inability to follow instructions at the Live Fire Exercise by failing to familiarize himself with the weapon system prior to the exercise; Being counseled on 11 October 2001, for trying to submit a promotion packet without approval from his chain of command and using this as an excuse to leave work at various times; and Being punished by a Field Grade Article on 16 October 2001, for not being at his appointed place of duty, at times leaving his place of duty at his own convenience, and failing to perform his duties as Ammunition NCO (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 November 2001 (5) Administrative Separation Board: On 18 December 2001, the administrative Separation Board recommended the applicant be discharge from the US Army for a pattern of misconduct and receive a general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 4 January 2002 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 February 2001 / 3 years b. Age at Enlistment / Education / GT Score: 32 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-5 / 55B1P, Ammunition Specialist / 10 years, 4 months, 25 days d. Prior Service / Characterizations: RA, 10 September 1991 to 5 June 1995 / HD RA, 6 June 1995 to 7 May 1997 / HD RA, 8 May 1997 to 10 August 1998 / HD RA, 11 August 1998 to 6 February 2001 / HD e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: ARCOM, AGCM-2, NDSM, AFEM, NOPDR, ASR, OSR g. Performance Ratings: September 2000 to March 2001 / Fully Capable April 2001 to October 2001 / Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 19 October 2001, without authority go from his appointed place of duty on 5 October 2001 and 10 October 2001, failure to be at his appointed place of duty on 16 August 2001, and being derelict in the performance of his duties on 1 August 2001 and 31 August 2001. The punishment consisted reduction to E-4, forfeiture of $826 pay per month for two months and 45 days restriction (both suspended), and 45 days extra duty. The applicant received several negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, and pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant requests a change to the narrative reason for his discharge. The appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged for a pattern of misconduct is "JKA" and the RE code is 3. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending his discharge was too harsh, that he did not have a record of offenses before this time, and that he served 11 years and believes his DD Form 214 is not a good representation of his service to the Army. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered, and the applicant is to be commended on his accomplishments. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was too harsh. In fact, the applicant's Article 15 and numerous negative counseling statements justify a pattern of misconduct. The applicant's statements alone does not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. Furthermore, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 6 December 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change f. Restore (Restoration of) Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160019555 4